Date of
Judgment: 13.02.2001
Issuing
Authority: Supreme Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure:
Judicial (Civil)
Subject
Matter: Copyright
and Related Rights (Neighboring Rights)
Summary
of the judgment (decision):
1.
With respect to game software in which the main character’s personality is expressed
by parameters and the story unfolds with changes in these parameters, use of a
certain memory card infringes the right of integrity held by the copyright
holder of the game software by modifying the game software, under the factual circumstances
described in the judgment, including that the main character’s personality is
modified by use of the memory card which replaces the parameters with originally
impossible high values, resulting in the story of the game software unfolding
beyond the scope originally planned.
2.
A person who imported and sold a memory card intended exclusively to modify
game software and who placed such memory card in circulation with the intention
of allowing others to use such memory card, is liable to compensate the
copyright holder of the game software for damage based on tort, on the grounds
that such use of the memory card by others resulted in an infringement of the
right to preserve the integrity of the game software.
(This
translation is provisional and subject to revision.)